Section 57
Section 57
(1)
Where in respect of a strata plan, an application in that behalf is made to the Court by the Commissioner, the strata corporation, an administrator or the proprietor or one of the proprietors of a unit and the
Court is satisfied that, having regard to the rights and interests of any creditor of the strata corporation and of every person who has any interest in any unit or in the land or in any part of the land, it is just and equitable that the strata corporation be dissolved and the strata plan cancelled, the Court may make a declaration to that effect.
(2)
Without limiting the grounds upon which it may be just and equitable that the strata corporation be dissolved and the strata plan cancelled under subsection (1), the Court may make a declaration to that effect under this section if it is satisfied that the building subject to the strata plan —
(a)
are in the ordinary course of events likely to cause injury or death, whether by collapse or otherwise, to any persons in or to persons on other property or to adjoining buildings; or
(b)
are a fire hazard and likely to give rise to loss of life in the event of fire; or
(c)
have been abandoned or are not reasonably capable of occupation whether by reason of a health hazard existing in such building or otherwise.
(3)
A notice of any application made under subsection (1) shall be served on every person who has an interest as a proprietor of a unit and on the Commissioner, if the Commissioner is not the applicant and on every chargee, insurer and other person having any registered estate or interest in any unit or land to which the plan relates, and on any insurer who has effected insurance on the buildings or other improvements comprised in any unit or on the land or any part thereof; and the Commissioner shall thereupon enter on the supplementary record sheet a notification that the application has been so made. Any notification so entered shall be cancelled by the
Commissioner if the applicant so requests and advises that the application to the Court is not proceeding or if the Commissioner is satisfied that the Court has refused to make the declaration sought.
Land Code (Strata)
B.L.R.O. 2/2000 43
(4)
On any application to the Court under subsection (1), the
Commissioner, any person having or claiming to have any estate or interest in any unit or in the land or in any part of the land and any insurer who has effected insurance on the building or other improvements comprised in any unit or on the land or any part thereof, shall have the right to appear and be heard.
Court may give directions.